Special thanks to Pam Loginsky, Staff Attorney, Washington Association of Prosecuting Attorneys, for assistance with this topic.
RCW 43.06.220 gives the governor the authority to issue orders during a proclaimed emergency. RCW 43.06.220(5) makes willful violation of those orders a gross misdemeanor. The statute also provides that, after the emergency has been proclaimed, malicious destruction of property, disorderly conduct, refusing to leave a public way or property when ordered, all carry criminal penalties. (See RCW 43.06.230, 43.06.240, and 43.06.250.) Persons 16 years or over may be prosecuted as an adult for certain violations under this chapter (RCW 43.06.260).
RCW 70.05.120(4) makes violations of certain state and local health department rules or orders a misdemeanor. It also makes evading or breaking quarantine a misdemeanor.
Who can be charged?
Any natural person who violates the order. Also, an entity (a business organized under Title 23, 23B, or 25 RCW) that violates an order can be charged with a crime (RCW 10.01.070). An entity is subject to fines of up to $50,000 for a misdemeanor violation and up to $250,000 for a gross misdemeanor violation (RCW 10.01.100).
Who investigates?
Local law enforcement agencies have the authority to investigate violations occurring in their jurisdiction. And, as appropriate, to issue citations, arrest, or refer violations to the prosecuting attorney. (The Attorney General has opined that the Sheriff and city police have concurrent jurisdiction over felonies and violations of state law within incorporated cities (AGO 1990 No. 4, AGO 1961-62 No. 25)).
As with all gross misdemeanor and misdemeanors, a law enforcement official can only arrest (without a warrant) if the offense is committed in the officers’ presence, unless one of the exceptions in RCW 10.31.100 applies.
Where does it get filed?
If the city or town has adopted the specific state laws authorizing emergency orders by reference, or adopts an ordinance making violation of these types of emergency orders a violation in the City’s code, it can be filed by the city prosecutor in its local court. Otherwise, it should be referred to the county prosecutor.
City and county prosecutors should verify that the case is filed in the correct local court. Was it created under chapter 3.30, 3.50, or 35.20?
Law enforcement agencies should coordinate with their emergency management team and surrounding jurisdictions on their protocol for detaining persons who may be contagious. Agencies might consider a consolidated facility in order to reduce staffing requirements and risk of contagion.
Finally, law enforcement agencies should seek guidance from their police legal advisor and/or prosecutor.
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